The appellant employer appealed the trial judge's award of a nine-month notice period and costs for wrongful dismissal, arguing the trial judge erred in finding the respondent was induced to leave her previous secure employment.
The respondent cross-appealed the dismissal of her claim for lost disability benefits.
The Court of Appeal dismissed the appeal, finding no palpable and overriding error in the notice period or costs award.
The Court allowed the cross-appeal, holding that the respondent was entitled to the value of disability benefits she would have received during the notice period, adjusted to prevent double recovery of both full salary and disability benefits for the same period.
